;K 403 

P4 

L899 I899. 

Jopy 1 

REVISION 

OF 

THE INLAND 



Fish and Game Laws 

OF THE 

STATE OF MAINE. 

Published by order of the Legislature. 



Hunters and Sportsmen and all others will respect them. 

Wardens must, and Guides are urged to make themselves 
familiar with them. 



Report all violations to the Commissioners. 



I.EKOY T. Cakleton, Wiutliiop, p. O., Augusta, 
Henry O. Stanley, Dixfleld, 

Charles E. Oak, Caribou, 
Cominissioners of Inlauil Fisberiea ami Game. 



Compiled by LEROV T. CARLETON, of the Commission. 



AUGUSTA : 

PRESS OF KENNEBEC JOURNAL. 

1899 



1899- 
REVISIOIN 

OF 

THE INLAND 

Fish and Game Laws 

OF THE 

STATE OF MAINE. ^./ , u^^iOuJU^o, 

^Published by order of the Legislature. 



Hunters and Sportsmen and all others will respect them. 

Wardens must, and Guides are urged to make themselves 
familiar with them. 



Report all violations to the Commissioners. 



l.EROY T. Cakleton, Winthiop, P. O., Augusta, 
Henry O. Stanley, Dixflekl, 

Charles E. Oak, Caribou, 
Commissioners of Inland Fisheries and Game. 



Compiled by LEROY T. CARLETON, of the Commission. 



AUGUSTA : 



PRESS 6l' K^NJSEBEC JOURNA^. _ ^ ^ 






The legislature of 1899 enacted a law which is chap- 
ter 42 of the Public Laws of 1899 — revising, consolidat- 
ing, amending and simplifying all the laws pertaining to 
inland fisheries and game, both public, and private and 
special, and every law pertaining to inland fisheries and 
game, whether public, private or special, are herein con- 
tained and may be found in the chapter above referred 
to of the Public Acts of the legislature of 1899. 
All rules and regulations heretofore adopted by the com- 
missioners are repealed and we start with a clean slate 
with this revision. 

Augusta, April 19, 1899. 



0. otD, 



INLAND FISHERIES AND QAHE, 
1899. 



Revision of Laws Relating to the Inland Fisheries 
and Game. 



Towns May Aid in Propagation and Protection of Fish. 

1899, c. 42, § 57. Cities, towns and plantations are 
authorized to raise annually, by a two-thirds vote at 
their annual meeting, a sum not exceeding tive hun- 
dred dollars, to be expended by the municipal officers 
thereof or by a commissioner elected ])y the cities, 
towns or plantations for the propagation and protection 
of hsh in public waters located wholly or partially 
within their respective limits. A report of the expendi- 
tures thereof shall be made at the next annual meeting 
by the officer or officers authorized to expend such 
appropriation. 

Bounty on Wolves and Wildcats. 

1899, c. 42, § 16. A bounty of five dollars for every 
*woll, and two dollars for every wildcat killed in any 
town shall be paid by the treasurer thereof to the per- 
son killing it, upon compliance with the following 
conditions : 

No bounty shall be i)aid unless the claimant, within 
ten days after he has killed such animal, or has returned 
from the -hunting in which he killed it. exhibits to 
the town treasurer the entire skin thereof, with the 
ears and nose thereon, in as perfect a state as when 
killed, except natural decay, and signs and makes oath 
to a certificate, which oath said treasurer may admin- 



* tiovnty oil bears was rejiealed, and a bill was passed siipjiosfd to 
repeal the bounty on ivildcats but bij an error it did )iot . 



4 

ister, in which he shall state that he killed such animal, 
and the time and place, showing it to be within the 
state ; and the treasurer shall thereupon cut off the 
whole of the cars and of the nose from such skin, and 
entirely destroy them by burning; then he shall pay 
the bounty and take the claimant's receipt therefor upon 
the same paper with such certiticate. The town treas- 
urer shall immediately make upon the same paper a 
certificate under oath addressed to the treasurer of 
state, that he first cut off the ears and nose from the 
skin of such animal and destroyed them by burning, 
and then paid said boiuity to the claimant. 

Said certificates and receipts shall annually in Decem- 
ber be transmitted to the treasurer of state, and by him 
laid before the governor and council as early as con- 
venient ; and when allowed by them shall be paid by 
the treasurer of state to such towns. 

The certificates shall be in the following form : 

Claijiiaiit's certificate. 

To the treasurer of . I hereby certify that on 

the day of A. D. i8 — , at , in the 

state of Maine, 1 killed the the skin of which I 

now exhibit to you; and I claim the bounty allowed 
by law for killing the same. 

Dated at , this day of A. D. i8— . 

Claimant. 

Subscribed and sworn to before me the day and 
aforesaid. 

^^'— Treasurer of 



Claimant's receipt. 

On this • day of A. D. i8 — . I received 

of treasurer of , dollars, 

being the bounty allowed by law for killing the 

described in the above certificate. 

Claimant. 



Treasurer's certificate. 

I hereby certify that as required by law, I first cut 
off the whole of the ears and nose from the skin of 

the described in the foregoing certificate and 

destroyed the same by burning, and then paid to said 

the bounty for which I have taken his receipt 

as above. 

Dated at tliis day of A. D. i8 — . 

Treasurer of . 

Subscribed and sworn to before me the day and year 
aforesaid. 

Justice of the Peace. 



Protection of rioose, Deer and Caribou. 

'1899, chap. 42, sect. 17. No person shall at any time 
hunt, catch, kill, destroy or have in possession any cow 
or calf moose; and the term "calf moose," as herein 
used, shall be construed to mean that these animals are 
calves until they are at least one year old, and have 
at least two prongs or tines to their horns. No person 
shall, between the first day of December and the fifteenth 
day of October, in any manner, hunt, take, catch, or 
kill any bull moose; and no person shall, between 
October fifteenth and December first, take, catch, kill or 
have in possession more than one bull moose or part 
thereof. 

Sect. 18. No person shall, except as hereinafter pro- 
vided, in any manner, hunt, take, catch, kill, or have in 
possession any deer or part thereof, between December 
fifteenth and October first; no person shall between 
October first and December fifteenth, except as herein- 
after provided, take, catch, kill, or have in possession 
more than two deer or parts thereof. 

Use of Dogs Prohibited — Six Years Close Time on Caribou. 

'Sect. 19. No person shall at any time, in any man- 
ner, hunt, catch, take, kill, or destroy, with dogs, jack 
lights, artificial lights, snares, or traps, any moose, deer. 



or caribou; and no person shall, within six years from 
October fifteenth, A. D. 1899, in any manner, hunt, 
chase, catch, kill, or have in possession any caribou or 
parts thereof. 

'Sect. 20. Whoever shall violate any of the provi- 
sions of section 17 of this chapter, shall be punished by 
a fine of not less than five hundred dollars nor more 
than one thousand dollars or by imprisonment not 
exceeding four months; whoever shall violate any of 
the provisions of section 18 of this chapter, shall be 
punished by a fine of forty dollars and costs ; whoever 
shall violate any of the provisions of section 19 of this 
chapter, relating to deer, shall be punished by a fine of 
forty dollars and costs ; and whoever shall violate any of 
the provisions of section 19 of this chapter, relating to 
moose or caribou, shall be punished by a fine of not less 
than five hundred dollars nor more than one thousand 
dollars, or by imprisonment not exceeding four months. 

One Deer for Pood in September. 

'Sect. 21. It shall be lawful, however, for a person 
from the first day of September to the first day of Octo- 
ber of each year, to take, catch, and kill one deer, for 
food purposes only, to be consumed in the locality where 
taken, by the person taking the same, in either of the 
counties of Oxford, Franklin, Somerset, Piscataquis, 
Penobscot, Aroostook, Hancock, or Washington, such 
person having first procured a license therefor, as here- 
inafter provided, on payment of $6.00 by a non-resident, 
and $4.00 by a resident, of this State, for the license 
as herein provided, and having at the same time his 
license in his possession, and under such rules and 
regulations as the commissioners of inland fisheries and 
game shall from time to time establish; but it shall be 
unlawful for non-residents of the State to take a deer 
as provided in this section, or to enter upon the wild 
lands of this State with intent to camp and kindle fires 
thereon, while engaged in hunting or fishing, without 
being in charge of a registered guide, during the months 
of June, July, August, September and October; pro- 



vided that the provisions of this section so far as enter- 
ing upon the wild lands in this State with intent to 
camp and kindle fires thereon while engaged in hunting 
or fishing, shall not apply to any person or persons who 
while hunting or fishing, stop at any hunting or fishing 
camp, which is owned or under the control of any reg- 
istered guide or registered camp owner. No license, 
as herein provided, shall be issued except on a blank 
furnished by the commissioners, which shall have 
attached to it a coupon having a facsimile of the com- 
missioners' signatures ; and when any person shall take 
or kill a deer, in accordance with such license, such 
person shall, as soon as practicable, detach from his 
license, and attach to the carcass of the deer, in plain 
sight, the coupon dated and signed, and the coupon 
shall be kept so attached so long as any considerable 
portion of the carcass remains unconsumed, and shall 
then be destroyed ; and in case it is desired to preserve 
either the hide, head, or horns, the coupon shall be kept 
attached to such parts, so long as they are preserved, 
and shall then be destroyed. The coupon, when so 
dated, signed, and attached to a deer lawfully taken or 
killed, and lawfully in possession, shall authorize pos- 
session, use, taxidermy, or consumption of the same. 
Such license and coupons shall be in the following 
form : 



State of Maine. No. . 

Department of Inland Fisheries and Game. 

License to take one deer, for food purposes. 

Augusta, 189 — . 

This certifies that , whose signature appears 

hereon, and who is years of age, and resides at 

, is entitled to take one deer only, in either of 

the counties of Oxford, Franklin, Somerset, Piscataquis, 
Penobscot, Aroostook, Washington, or Hancock, during 
the month of September, 189 — , in conformity with the 
law. 



8 



Void, unless signed by the licensee and in his actual 
possession. This does not authorize transportation or 
sale. 

Signature of licensee, • 



Commissioners, 



Signature of registered guide, No. 



State of Maine. 
Department of Inland Fisheries and Game. 

Coupon No. I. 
License to take one deer for food purposes. 

No. . One deer. 

Date when taken 189 — . This authorizes the 

keeping of carcass for food purposes only in the locality 
where taken, and transportation of hide, head, and 
horns of the same. 

Signature of licensee, 



Commissioners. 



Signature of registered guide, No. 

Whoever shall take, catch, or kill any deer, or enter 
upon the wild lands in this State, with intent to camp 
and kindle fires thereon, while engaged in hunting or 
fishing, without being in charge of a registered guide, 
during the months of June, July, August, September, 
and October, in violation of the provisions herein con- 
tained, shall be fined forty dollars and costs of prose- 
cution, for each offense, and be subject to imprisonment 
thirty days. It shall be unlawful, however, to take, 
catch, kill, chase, or hunt any deer in either of the 
counties of York, Cumberland, Androscoggin, or Saga- 
dahoc, for four years from October first, A. D. 1899: 
and it shall be unlawful to hunt, chase, catch, or kill 
any deer in the counties of Knox, Lincoln, and Waldo, 
except during the month of October of each year, or in 
Kennebec, except during the months of October and 
November of each year, and no person shall during the 



respective open seasons in these counties, take, catch, 
kill, or have in possession more than tw^o deer. Who- 
ever shall violate any of the provisions of this section 
relating to deer in the counties of York, Cumberland, 
Androscoggin, Sagadahoc, Knox, Lincoln, Waldo, and 
Kennebec, shall be subject to a penalty of forty dollars 
and costs for each offense. 



One Bull Moose ; Two Deer, in Open Season. 

'Sect. 22. Whoever has in possession more than one 
bull moose or more than two deer, in open season, or 
any of the aforesaid animals or parts thereof, in close 
season, except as is provided in this chapter, shall be 
deemed to have killed, taken, and destroyed the same 
in violation of law. The words "close season" and 
"close time," where used in this act, shall mean the 
time or period during which by this act it is made 
unlawful to hunt, shoot, wound, trap, or destroy any 
bird or animal, or fish for, or catch any fish mentioned 
or referred to in this act, and the words "open season" 
where- used in this act, shall mean the time or period 
during which it shall be lawful to take these animals, 
fish, and birds, as specified and limited. Any person 
may, at any time, lawfully kill any dog found hunting 
or chasing a moose, caribou, or deer, or any dog kept 
or used for that purpose. Any person owning or hav- 
ng in his possession any dog for the purpose of hunt- 
ing or chasing moose, caribou, or deer, or who permits 
his dog to hunt or chase moose, caribou, or deer, shall 
be punished by a fine of one hundred dollars and costs 
of prosecution for each offense. Sunday is a close 
TIME, on which it is not lawful to hunt, kill, or destroy 
game or birds of any kind, under the penalties imposed 
therefor during other close time ; but the penalties al- 
ready imposed for the violation of the Sunday laws by 
the statutes of this State are not hereby repealed or 
diminished. 



lO 



Transportation. 

'Sect. 23. No person or corporation shall carry or 
transport from place to place any moose, or deer, or 
part thereof, in close time, nor in open time unless open 
to view, tagged, and plainly labelled with the name 
and residence of the owner thereof, and accompanied 
by him, under a penalty of forty dollars and costs of 
prosecution for each moose or deer so transported or 
carried ; and any person not the actual owner of such 
game or parts thereof, who, to aid another in such 
transportation, falsely represents himself to be the 
owner thereof, shall be liable to the penalties aforesaid ; 
and it shall be prima facie evidence that said game, that 
is being transported or carried in violation of this 
section, was illegally killed ; but nothing herein shall 
apply to the transportation of moose, or deer by any 
person or corporation, when such game is lawfully 
tagged in accordance with the provisions of section 26 
of this chapter. Whoever lawf lly kills a bull moose 
shall, while the same, or any part thereof, is being 
transported, preserve and transport it, with the evidence 
on the moose of the sex of the same. Whoever fails 
to comply with the provisions of this section shall for- 
feit to the State the moose or part thereof being trans- 
ported, and pay a fine of three hundred dollars and 
costs of prosecution. 

'Sect. 24. All birds, fish, and game hunted, caught, 
killed, destroyed, bought, carried, transported, or found 
in possession of any person or corporation, in violation 
of the provisions of this chapter and amendments there- 
to, shall be liable to seizure; and in case of conviction 
for such violation, such game shall be forfeited to the 
State, to be sold for consumption in this State only. 
Any person whose game or fish has been seized for 
violation of any game or fish law, shall have it returned 
to him on giving to the officer a bond with sufficient 
sureties, residents of the State, in double the amount 
of the fine for such violation, on condition that, if 
convicted of such violation, he will, within thirty days 



II 



thereafter, pay such fine and costs. If he neglects or 
refuses to give such bond and take the game or fish 
so seized, he shall have no action against the officer for 
such seizure, or for the loss of the game or fish seized. 



Shall Not Give Away Game or Birds. 

'Sect. 25. No resident of this State shall sell or give 
away any moose or deer or part thereof, or any game 
birds, to be transported or carried beyond the limits of 
this State, under a penalty of one hundred dollars for 
each and every moose, deer, or part thereof, and one 
dollar for every game bird so sold or given away ; and 
any person who shall buy any of the above named 
animals or birds or parts thereof, to so transport them, 
or who shall transport them after buying the same, or 
receiving the same as a gift, shall be subject to the 
same penalty. 



May Transport Moose, Deer, Game, Birds and Fish on Pay= 
ment of a Fee. 

'Sect. 26. Any person who has lawfully killed a 
moose (or a deer, except in September as heretofore 
provided), or who has lawfully in his possession one 
trout, one togue, one land-locked salmon, or one white 
perch, or ten pounds of either kind of these fish, or one 
pair of game birds, may send the same to his home or 
to any hospital in the State, without accompanying the 
same, by purchasing of the duly constituted agent there- 
for a tag, paying for a moose five dollars, for a deer 
two dollars, for a trout, togue, or land-locked salmon, 
one dollar for each, or one dollar for each ten pounds 
of the same, and fifty cents for one white perch or ten 
pounds of the same, and fifty cents for a pair of game 
birds. The commissioners of inland fisheries and game 
may appoint agents in convenient localities who may 
sell these tags, under such rules and regulations as the 
commissioners may adopt. Said tag shall be substan- 
tially as follows : 



ti 



STATE OF MAINE. 
Department of Inland Fisheries and Game. 
License to ship game, game birds, or fish. 

No. 

Augusta 189 . 

This certifies that of is authorized 

to ship to his home in or to a patient 

in the hospital, the following described (game, 

game birds, or fish) , 

by having this tag attached thereto. 
Not transferable. 

Signature of licensee 



Commissioners. 



Marketmen and Provision Dealers. 

'Sect. 27. Any marketman or provision dealer, hav- 
ing an established place of business in this State, may 
purchase and have in his possession at his said place of 
business not more than three deer, lawfully killed or 
destroyed, or any part thereof, at one time, and may sell 
the same at retail to his local customers, provided, 
however, that said marketman or provision dealer, shall 
have procured a license of the commissioners of inland 
fisheries and game to carry on said business of bixying 
and selling deer as aforesaid ; and provided further, 
that said marketman shall record in a book kept for 
that purpose, and open to the inspection of inland fish 
and game wardens and the commissioners of inland 
fisheries and game, the name and residence of each 
person of whom he purchases any inland fish or game, 
and the date of such purchase; and if any marketman 
or provision dealer shall violate the provisions of this 
section, he shall be fined five hundred dollars for each 
offense, and be prohibited for five years thereafter from 
the benefits of this section. 



13 

All marketmen or provision dealers licensed as atore- 
said shall pay to the commissioners, in cities and towns 
of over three thousand inhabitants, five dollars annually, 
and three dollars in all other places ; or instead of this 
fee, the commissioners may, at their discretion, issue 
licenses authorizing the retailing of deer as above speci- 
fied, on payment of fifty cents for each deer retailed; 
said marketmen and provision dealers holding these 
licenses shall annually, on December fifteenth, make, 
sign, and send to the commissioners, imder oath, a 
statement setting forth in detail the number of deer 
by them bought, and of whom bought, and the date of 
each purchase, during the time covered by their licenses ; 
and whoever fails to make the report required in this 
section shall be subject to a penalty of one hundred 
dollars and costs. 

Licenses to Buy and Tan Deer Skins. 

'Sect. 28. The commissioners may annually issue 
licenses to suitable persons to buy and sell, or tan, deer 
skins lawfully taken. Such persons shall keep a record 
of all deer skins purchased, of whom purchased, and 
the date of purchase, and shall report annually to the 
commissioners. The fee for such license shall be five 
dollars, to be paid to the commissioners and by them 
to the State treasurer; and whoever, licensed as afore- 
said, unreasonably and wilfully refuses to make such 
report, shall be punished by a fine of one hundred dol- 
lars and costs. 

Close Time on Partridge, Woodcocic, Duclts and Otiier Birds. 

'Sect. II. There shall be for game birds an annual 
close time in which it shall be unlawful to hunt, chase, 
catch, kill, or have them in possession ; for wood duck, 
dusky duck, commonly called black duck, teal, and gray 
duck, the close time shall be from the first day of May 
to the first day of September of each year ; for ruffed 
grouse, commonly called partridge, and woodcock, 
from the first day of December to September fifteenth ; 



14 

for quail from the first day of December to the first day 
of October ; for plover and snipe, from the first 
day of May to the first day of August. Whoever 
violates any of the above named provisions of this sec- 
tion shall be subject to a penalty of not less than five 
dollars nor more than ten dollars, for each bird so killed, 
caught, chased, or had in possession in close time. No 
person shall, in any one day, kill or have in possession 
more than 15 of each variety of the above named birds, 
except plover and snipe, during the respective open 
season for each; nor shall any person, at any time, 
kill or have in possession any ruffed grouse com- 
monly called partridge, except for his own consumption 
in this State, except as hereinafter provided, under a 
penalty of five dollars for each bird so unlawfully killed 
or had in possession ; nor shall any person at any time 
sell, or offer for sale, any ruffed grouse, commonly 
called partridge, within this State, under the same pen- 
alty ; nor shall any person or corporation carry or trans- 
port from place to place any of the birds mentioned in 
this section, in close season, nor in open season unless 
open to view, tagged, and plainly labelled with the 
owner's name and residence and accompanied by him, 
unless tagged in accordance with section 26 of this chap- 
ter, under the same penalty. Any person, not the actual 
owner of such bird, who, to aid another in such trans- 
portation, falsely represents himself to be the owner 
thereof, shall be liable to the same penalty; nor shall 
any person or corporation carry or transport at any 
one time more than 15 of any one variety of the birds 
above named as the property of one person, under the 
same penalty; and it shall be unlawful for a term of 
ten years, to hunt for, take, catch, kill, or destroy the 
capercailzie, or cock of the woods, so called, black game, 
so called, or any species of the pheasant, except ruffed 
grouse, or partridge, under a penalty of fifty dollars for 
each offense. 

'Sect. 12. Whoever kills, or has in his possession, 
any birds commonly known as larks, robins, swal- 
lows, sparrows, woodpeckers, or orioles, or other 



IS 

insectivorous birds, (crows, English sparrows, and 
hawks excepted), forfeits not less than one dollar, nor 
more than five dollars, for each such bird killed ; and 
the possession by any person of such dead bird, is 
prima facie evidence that he killed such bird. Who- 
ever at any time wantonly takes or destroys the nest, 
eggs, or unfledged young of any wild bird, except crows, 
hawks, herons, loons, and owls, or takes any eggs or 
young from such nests, forfeits not less than one dollar 
nor more than ten dollars, for each nest, egg, or young 
so taken or destroyed. Whoever carries or transports 
from place to place, any of the birds named in this chap- 
ter during the period in which the killing of such bird 
is prohibited, forfeits five dollars for each bird so carried 
or transported. 

'Sect. 13. Whoever, at any time or in any place, with 
any trap, net, snare, or contrivance, other than the usual 
method of sporting with firearms, takes wild duck of any 
variety, quail, ruffed grouse, or partridge, woodcock, or 
any bird which is in any wise protected by this chapter, 
forfeits five dollars for each bird so taken. Whoever 
kills in any manner, any wild duck of any variety, on the 
Kennebec river, or on the shores thereof, south of the 
Gardiner and Randolph bridge, or on Merrymeeting bay, 
or the shores thereof, between sunset and the day light 
of morning, forfeits twenty-five dollars for feach offense ; 
and whoever hunts, kills, or destroys, any wild duck, 
at any time, with the aid of jack-lights, so called, or any 
artificial light, at any time, forfeits fifty dollars for each 
offense ; the having of firearms in possession, in the 
night time in the vicinity of the duck grounds in Mer- 
rymeeting bay or on the Kennebec river, south of the 
Gardiner and Randolph bridge, shall be prima facie evi- 
dence that the person having such firearms in possession 
is hunting ducks contrary to law. 

Taxidermists, Appointment. 

'Sect. 14. The commissioners of inland fisheries and 
game may, upon application, issue a license to such per- 
sons as taxidermists, who, in their judgment, are skilled 



i6 



in that art, of good reputation, and friendly to the fish 
and game laws of the State ; and may also issue licenses 
to suitable persons, whose numbers shall not exceed ten 
at one time, to take, kill, capture, and have in pos- 
session any species of birds other than domestic and 
the eggs and nests thereof for scientific purposes, and 
for such license the applicant shall pay the sum of five 
dollars ; but no person thus allowed to take or have in 
possession birds for scientific purposes shall sell, offer 
for sale, or take any compensation for specimens of 
birds, nests, or eggs, or dispose of the same, by gift or 
otherwise, to be taken from the State, except for ex- 
change of specimens for scientific purposes ; and for any 
violation of the provisions of this section, such persons 
shall be subject to a fine of not less than ten nor more 
than fifty dollars. This section, however, shall not auth- 
orize the killing of any birds, nor the taking of any 
birds' nests or eggs thereof on Sunday; and the com- 
missioners may, for cause, revoke any license authorized 
by this section. Taxidermists mentioned in this section 
may at all times have in their possession, at their places 
of business, fish and game lawfully caught or killed in 
open time for the sole purpose of preparing for, and 
mounting the same ; and such fish and game or parts 
thereof may be transported to such licensee and retained 
by him for fhe purposes aforesaid, under such rules, re- 
strictions, and limitations as shall, from time to time 
be made b}' said commissioners and stated in such orig- 
inal license and additions made thereto, from time to 
time, by said commissioners. 

Such licenses may be revoked by said commissioners, 
at any time after notice and an opportunity for a hear- 
ing; and every licensee or carrier violating any of the 
provisions of this act, or of the rules, restrictions, or 
limitations set out in said license and additions thereto, 
shall, on complaint before any trial justice or municipal 
or police court, be fined not less than twenty dollars nor 
more than fifty dollars. 



17 



Close Time on Mink, Sable, Muskrat, Fisher and Beaver. 

'Sect. 15. Whoever, between the first day of May and 
tlie fifteenth day of October, destroys any mink, sable, 
muskrat, or fisher, forfeits ten dollars for each animal 
so destroyed ; excepting, however, that it shall be law- 
ful to kill muskrats in Lily pond in the towns of Rock- 
port and Camden and also such muskrats as interfere at 
any time with the operation and maintenance of any 
canal, ditch, lawful dam, or cranberry bog. Whoever 
at any time kills or destroys any beaver, except upon 
written permission of the commissioners of inland fish- 
eries and game, shall be fined one hundred dollars and 
costs and twenty-five dollars additional for each beaver 
killed or destroyed. 

Close Time on Landlocked Salmon, Trout, Togue, 
White Perch, Etc. 

"Sect. 5. There shall be an annual close time for 
land-locked salmon, trout, togue, and white perch, as 
follows : for land-locked salmon, trout, and togue, 
from the first day of October until the ice is out of the 
pond, lake or river fished in tne following spring of each 
year, except on the St. Croix river and its tributaries, 
and on all the waters in Kennebec county, in which the 
close time shall be from the fifteenth day of September 
until the ice is out of the ponds and lakes the following 
spring, and in Oxford and Franklin counties in which 
the close time shall be from the first day of October till 
May first ; but for white perch, the close time shall be 
from the first day of April to the first day of July. No 
person shall take, catch, kill, or fish for in any manner, 
any land-locked salmon, trout, togue, or white perch in 
any of the waters of this State in close time, under a pen- 
alty of not less than ten dollars nor more than thirty dol- 
lars, and a further fine of one dollar for each fish thus 
caught, taken, or killed; provided, however, that any per- 
son lawfully trolling for trout, land-locked salmon, or 
togue, in good faith, who shall accidentally hook or catch 



i8 



a white perch may lawfully keep the same; and provided, 
that during February, March, and April, citizens of this 
State may fish for and take land-locked salmon, trout, 
and togue, with not more than five set lines for each 
family, when fishing through the ice in the day time, 
and when under the immediate personal superintend- 
ence of the person fishing, and may convey them to 
tl'eir own homes for consumption therein, but not other- 
wise; but no citizen of the State during this time shall 
be permitted to catch more than twenty pounds of one 
fish, of any of the above named fish in any one day. 

[The above is the general law of close time on land- 
locked sahiion, trout, togue, and white perch; but the 
following are all of the exceptions by counties.^i 



It is Unlawful to Fish Through the Ice in the Following Named 
Ponds and Lakes. 

The provisions of this section pertaining to fishing 
through the ice shall not apply, however, to any of the 
lakes or ponds lying wholly or in part in the counties of 
Oxford, Franklin, Kennebec, and Somerset, excepting 
Moosehead lake, Pickerel pond in Flagstafif, Oilman 
pond in Lexington, and Pierce pond in township Num- 
ber 2, range 4, in said Somerset county ; nor to Allen 
pond, so called, in the town of Greene, to Lake Auburn, 
in Auburn, or Brettun's pond in Livermore, all in Andros- 
coggin county; nor to Sabbath Daypond, situated in New 
Gloucester, nor to Thomas pond, situated in the towns 
of Raymond and Casco, in the county of Cumberland ; 
nor to Noyes' pond, Green lake, Eagle lake. Bubble pond, 
sometimes called Turtle lake, on the island of Mt. Desert, 
Crocker pond in township Thirty-two, Middle Division, 
Jordan pond, Long pond, Pickerel pond, in township 
Thirty-two, Middle Division, all in the county of Han- 
cock ; nor to Crystal lake, in Washington, in the county of 
Knox ; nor to lake Hebron, otherwise known as Hebron 
pond, nor to Twin Doughty pond in Monson, Ship 
pond and Bear pond, in Elliottsviile township, nor to 
Garland pond in Foxcroft and Sebec, Lower Wilson 



19 

pond in Greenville, lake Onawa, Grindstone pond in 
Willimantic, Horseshoe pond and Indian pond, all in 
Piscataquis county; nor to Messabesic pond, called 
Shaker pond, and its outlet as far down the stream as 
the mill dam of Littlefield Brothers, nor to Middle 
Branch pond, in the towns of Alfred and Waterboro, 
nor to Littlefield's pond in Sanford, all in the county of 
York; nor to i^ambert lake in the county of Washington; 
nor to Dyer's pond in the town of Jefferson, in the county 
of Lincoln ; nor to Dexter pond in the town of Dex- 
ter, in Penobscot county ; in all of which lakes and 
ponds it shall be unlawful to fish through the ice for any 
kind of fish at any time except as hereinafter provided, 
under a penalty of not less than ten dollars nor more 
than thirty dollars for each offense, and a further pen- 
alty of one dollar for each fish thus taken, caught, or 
killed. 



It is Unlawful to Pish for Any Kind of Fish at Any Time in Any 
of the Following Named Streams, Brooks and Rivers. 

Moreover it shall be unlawful under the same penal- 
ty to fish for, take, catch, or kill any fish at any time 
(except as hereinafter provided) in the tributaries of any 
of the following named ponds, lakes, and streams : to 
wit, the following named ponds, lakes, and streams of 
ANDROSCOGGIN CO.: Lake Auburn, or Wilson's 
pond, (and all that partof the waters of said lake Auburn 
and Townsend brook, so called, that lie north of the road 
leading from the Turner road, so called, to North 
Auburn village and crossing said Townsend brook, shall 
be considered as tributary waters of said Lake 
Auburn;) Townsend brook within one hundred feet 
from the culvert at the mouth, during September of each 
year ; Taylor pond in the city of Auburn ; Brettun's 
pond in the town of Livermore; and Big Bear pond 
situated partly in Turner ; the following named ponds, 
lakes and streams of AROOSTOOK CO.: the inlet 
streams of Squaw Pan lake from Thibadeau's landing 
to the source of said stream, said stream being in town- 



ship II, range 4; and the tributaries to Madawaska 
lake in townships 15 and 16, range 4; the following 
named ponds, lakes, and streams of CUMBERLAND 
COUNTY : the tributaries to Sabbath Day pond, in the 
town of New Gloucester; the tributaries to Sebago 
lake, except Crooked and North West rivers ; the tribu- 
taries to Anonymous pond, in the town of Harrison; 
Royal river from Sabbath Day pond to Jordan's dam; 
the tributaries to Thomas pond in the towns of Ray- 
mond and Casco; Greely brook and tributaries, in the 
towns of Oxford, Norway, and Otisfield; and Han- 
cock pond in Sebago and Denmark, or any of its trib- 
utary brooks for a period of two years ; the following 
ponds, lakes, and streams of FRANKLIN CO. : the 
tributaries to Webb's pond in the town of Weld, (ex- 
cept Alder brook down as far as the mill dam at Hil- 
dreth's mills; the tributaries to Tufts and Dutton ponds, 
in Township 2, range 4, W. B. K. P. ; the outlet of the 
same from Dutton pond to Reid's falls and from Tufts 
pond to Alder stream ; the tributaries to Rangeley 
lake and Ross pond; Rangeley stream from the lower 
wharf at the outlet of Rangeley lake down to the dead 
water at the upper end of the eddy and from the upper 
end of the eddy to the mouth of Kennebago stream, 
from July first to May first ; Kennebago stream between 
the foot of the first falls near its mouth to the upper 
falls at the outlet of the lake, between July first and 
May first ; Cupsuptic stream, tributary to Ctipsuptic lake, 
above the first falls near its mouth, between the first 
day of July and May; South Bog stream up to the first 
quick water, from July first to May first; the stream 
connecting Long pond and Rangeley lake, from July 
first to May first ; Bemis stream, tributary to Mooseluc- 
maguntic lake; Whetstone brook, which flows into 
Kennebago stream from the foot of the boulders, so 
called, in said stream, to the foot of the falls at the out- 
let of Kennebago lake ; Metalluc and Mill brooks which 
flow into the Upper Rihcardson lake; the tributaries to 
Wilton pond in the town of Wilton ; the tributaries of 
Varnum and North ponds in the towns of Temple and 



Wilton, and of Clearwater pond in the towns of Farm- 
ington and Indnstry ; the tributaries of Long pond and 
Sandy river pond, lying wholly or in part in Sandy River 
plantation ; Lufkin pond and its tributaries, in the town 
of Phillips ; the tributaries to Four ponds in Town- 
ships E and D ; the tributaries to Tim and Mud ponds, 
in township 2, range 4, W. B. K., and Webb's river 
above Goodwin Brothers' mill dam, in Carthage ; the 
following named lakes, ponds, and streams of HAN- 
COCK CO. : the tributaries to Noyes' pond in Blue- 
hill: Crecn lake in the towns of Dedham and Eils- 
"Cilh; Eagle lake in the town of Eden; Bubble pond, 
sometimes called Turtle lake, on the island of Mt. 
Desert; Jordan pond; and Long pond; the following 
named lakes, ponds, and streams in KENNEBEC and 
SOMERSET COUNTIES : the tributaries to all lakes 
and ponds lying wnoily or partly in the towns of Win- 
throp, Monmouth, Litchfield, Manchester, and Wayne ; 
Three Mile pond in China, Windsor, and Vassalboro ; 
and McGraw, Ellis, East, North, Great, Long, Little, and 
Snow ponds ; the tributaries to Dyer's pond in the town 
of Jefferson in Lincoln county : the following 
named lakes, ponds, and streams in OXFORD CO. : 
the tributaries to Anasagunticook lake, or Whitney 
pond, in Canton and Hartford ; Little Bear pond in 
Hartford and Turner ; Howard's pond in Hanover ; 
Megalloway river and its tributaries between the mouth 
of Little Magalloway river and the Berlin Mills Com- 
pany's dam ; Lake Pennesseewassee and Little Pennes- 
seewassee ; the tributaries to Roxbury pond and Gar- 
land pond ; Rapid river from the swing bridge at the 
Oxford Club House to Lake Umbagog; Songo pond in 
Albany ; Sand and Pickerel ponds in Denmark ; and 
Upper Kezar pond in the towns of Stoneham and Lov- 
ell ; the following named ponds, lakes, and streams of 
PISCATAQUIS CO. : Lake Hebron, otherwise known 
as Hebron pond ; Twin Doughty pond in ivionuon ; Ship 
pond and Bear pond, in Elliottsville township ; the 
brook that is the outlet of Garland pond in Sebec ; the 
tributaries to Lake Onawa ; Sebec lake and the tribu- 



22 



taries to Moosehead lake, excepting Moose river (and 
the commissioners shall establish by metes and bounds 
the mouths of all the tributaries to Moosehead lake) ; 
the tributaries to Dexter pond in the town of Dexter 
in Penobscot county ; the following named ponds, lakes, 
and streams in SOMERSET CO. : the tributaries to 
Parlin, or Lang pond ; Parlin, or Lang streams and their 
tributaries ; the tributaries to Lake George ; Basset 
brook and its tributaries, in the town of Holden in 
township 6; Beaver brook in the town of Holden; the 
brooks forming the outlet of Fish pond and Little Fish 
pond, and of Little Gulf stream and Big Gulf stream; 
Wood stream in Forsythe plantation, above its entrance 
into Big Wood pond ; the tributaries to Rowell pond 
in Solon and Smith pond in Cornville ; Hayden lake in 
the town of Madison ; Mosquito stream, so called, con- 
necting Mosquito pond with Moxie pond, in township 
I, range 4, B. K. P., E. K. R., known as The Forks 
plantation ; Great Embden pond ; and Moose pond, in 
Hartland and Harmony ; and west outlet of Moosehead 
lake ; the following named ponds, lakes, and streams in 
KNOX CO.: the tributaries to Canaan lake; Ler- 
n^.ond's and Alford's ponds ; the tributaries to Norton 
pond ; and the tributaries to Crystal lake ; the tributa- 
ries to Lake Narraguagus and Lambert lake in WASH- 
INGTON CO., and the tributaries to Bonny Beg pond 
in Sanford and North Berwick, in YORK COUNTY. 

Special Regulations as to the Manner of Fishing and Number 
of Fish, or Number of Pounds of Fish that May Be Taken 
in One Day, in Certain Ponds, Lakes and Streams. 

It shall be unlawful under the same penalty to fish 
for, catch, or kill any fish in Quimby pond in the town 
of Rangeley, except in the ordinary way of angling with 
rod and artificial flies, between sunrise and sunset of 
each day, from the fifteenth day of May to the first day 
of October ; and no person shall take more than twelve 
fish in said pond in any one day, nor more than twenty- 
five fish in any one day in Four ponds in townships E. 
and D., or fish, except with artificial flies, in South Bog 



23 

stream and pool, so called, waters connected with Range- 
ley lake, or in Seven ponds, so called, or take, catch, or 
kill more than twenty-five trout from Tim and Mud 
ponds, in township 2, range 4, W. B. K. P., or from 
Tufts and Button ponds in the same township in any 
one day, or take from the waters of Varnum or North 
pond in the towns of Temple and Wilton, and Clear- 
water pond in the towns of Farmington and Industry, 
more than three trout, togue, and land-locked salmon in 
all, in any one day. It shall be unlawful to fish for or 
catch pickerel in Three Mile pond in China, Windsor, 
and Vassalboro, except on Saturdays of each week, for 
consumption in the family of the person taking such 
fish ; or to take any black bass, pickerel, or any other 
fish from the lower Kesar pond and its tributaries, in 
the county of Oxford, for the purpose of selling the 
same (but any person may take twenty pounds of fish in 
one day from said Lower Kezar pond, but shall not 
transport the same, except in possession of the owner) ; 
or to fish for, take, or catch any fish, from Ward's 
brook, Ward's pond, and Walker's pond, so called, in 
Oxford county, except between the first day of May 
and August of each year, or to fish therein except with 
rod and single lineand artificial flies; ortofish for, catch, 
or kill any fish in Ellis river and its tributaries, situated 
in Andover, Andover West, North Surplus, and Roxbury, 
in Townships C. and D., in Oxford and Franklin coun- 
ties, except on Tuesdays, Thursdays, and Saturdays, 
during the months of May, June, and July, and to the 
fifteenth day of August; or in Ship Pond stream above 
Buck's falls ; or in Little Huston pond, in Katahdin 
Iron Works Township, except with artificial flies; or 
to fish for, take, catch, or kill any blue back trout in 
any of the waters of the State at any time; or to fish 
in Grassy pond in the towns of Hope and Rockport at 
any time within five years from the approval of this act. 
Whoever violates any of the provisions of this section 
shall be subject to a penalty of not less than ten dollars 
nor more than thirty dollars for each offense, and one 
dollar additional for every fish caught, taken, or killed 
in violation of any of the provisions of this section. 



24 



Prohibited Devices in Fishing. 

"Sect. 6. Whoever fishes for, takes, catches, kills, or 
destroys any fish, with fish spawn or grapnel, spear, 
trawl, weir, seine, trap, or set lines, except when fish- 
ing through the ice, and tnen with not more than five 
set lines in the day time, or with any device, or in any 
other way than by the ordinary mode of angling with 
single baited hooks and lines, artificial flies, artificial min- 
nows, artificial insects, spoon hooks and spinners, so 
called, shall be fined not less than ten nor more than thirty 
dollars for each offense ; and when such prohibited im- 
plements or devices are found in use or possession, they 
are forfeit and contraband, and any person finding 
them in use, may destroy them. It shall, however, be 
lawful to take minnows and other bait fish, commonly 
used for live bait, for one's own use in fishing, in any 
of the closed streams in this State, and to take smelts 
for consumption in the family of the person taking 
them. 

Twenty-five Pounds of Fish. 

'Sect. 7. No person shall transport more than 
twenty-five pounds of land-locked salmon, trout, togue, 
or white perch, in all, at any one time ; nor shall any 
such be transported except in the possession of the 
owner thereof, plainly labelled thereon with the own- 
er's name and residence, except as is provided in section 
26 of this chapter ; nor shall any corporation transport 
more than twenty-five pounds in all, of said fish, at one 
time, as the property of any one person; nor shall any 
person take, catch, kill, or have in possession in any one 
day more than twenty-five pounds in all, of the above 
named fish. Whover violates any of the provisions of 
this section shall be punished by a fine of fifty dollars for 
each offense and one dollar for every pound of fish so 
taken or being transported, in excess of twenty-five 
pounds ; and all such fish being so transported or 
taken in violation of this section may be seized and 
shall be forfeited to the State. Whoever has in his pos- 



25 

session more than twenty-five pounds in all, of said 
fish, shall be deemed to have taken them in violation of 
this section; provided, however, that the taking of one 
fish additional having less than twenty-five pounds, or 
less than twenty pounds when fishing through the ice, 
shall not be regarded as a violation of the law. 

Dynamite and Other Explosives Proliibited. 

'Sect. 8. No person shall use dynamite or other 
explosives or any poisonous or stupefying substance 
whatever, for the purpose of destroying or taking fish, 
under a penalty of one hundred dollars and, in addition 
thereto, two months' imprisonment in the county jail 
for each offense. 

"Sect. 9. Whoever introduces fish of any kind into 
any of the waters of the State by means of live fish or 
otherwise, except upon written permission of the com- 
missioners of inland fisheries and game, shall forfeit not 
less than fifty dollars nor more than five hundred dol- 
lars. The having in possession of any jack light, spear, 
trawl, or net, other than a dip net, in any camp, lodge, 
or place of resort for hunters or fishermen, in the 
inland territory of the State, shall be prima facie evi- 
dence that the same are kept for unlawful use; and 
they may be seized by any officer authorized to enforce 
the inland fish and game laws. Whoever is convicted 
of having any of the above named implements in his 
possession unlawfully as aforesaid, shall be fined fifty 
dollars and costs of prosecution. 

Eels, Suckers, Pickerel, Etc. 

'Sect. ID. In closed waters where eels, suckers, cusk, 
pickerel and white fish abound, the commissioners may 
grant permits to take the same, and dispose of them for 
food purposes ; and where an exclusive right is granted 
to take eels in any river or stream, or part thereof, they 
may grant such permit upon such terms as they deem 
reasonable, and such permit shall expire with the cal- 
endar year. 



26 



Guides, Sporting Camp Proprietors and Those Who Engage in 
the Business of Hunting Fur Bearing Animals Must be 
Licensed. 

'Sect. 29. Every person who keeps a sporting camp, 
lodge, or place of resort for inland hunting or fishing 
parties, or whoever engages in the business of hunting 
or trapping any of the fur bearing animals of the State, 
in any of the unorganized townships or wild lands of 
the State, shall annually procure a license therefor from 
the commissioners of inland fisheries and game, and pay 
a fee therefor of five dollars, and shall make such report 
to the commissioners as may be called for ; and such 
licensed persons may purchase for consumption in their 
sporting camps, lodges, or places of resort, deer law- 
fully killed ; but they shall keep a record of all such 
purchases, of whom purchased, and the date of the 
purchase, and on December 15th of each year shall make 
written report thereof to the commissioners under oath; 
whoever violates any of the provisions of this section 
shall be fined one hundred dollars and costs for each 
offense ; the commissioners however may refuse to issue 
a license or licenses to such person or persons as they 
deem unsuitable. 

'Sect. 30. No person shall engage in the business of 
guiding, either for inland fishing or forest hunting, until 
he has caused his name, age, and residence to be 
recorded in a book kept for that purpose by the com- 
missioners of inland fisheries and game, and has pro- 
cured a certificate from said commissioners, setting 
forth in substance that he is deemed suitable to act as 
a guide, either for inland fishing or forest hunting, or 
both, as the case may be, under a penalty of fifty dollars 
and costs of prosecution for each offense. Each regis- 
tered guide shall, from time to time, as often as 
requested by the commissioners, forward, on blanks 
furnished him by the commissioners, a statement of the 
number of persons he has guided in inland fishing and 
forest hunting during the time called for in said state- 
ment, the number of days he has been employed as a 



27 

guide, and such other useful information relative to 
inland fish and game, forest fires, and the preservation 
of the forests in the localities vi^here he has guided, as 
the commissioners may deem of importance to the 
State, under a penalty of fifty dollars for unreasonably 
or wilfully refusing to comply with these requirements. 
'Sect. 31. Such registration as is provided for in this 
chapter shall be as follows: the applicant shall apply 
in writing or personally to the commissioners for regis- 
tration, or to some person designated by the commis- 
sioners, setting forth in his application whether he 
desires to be registered as a general or local guide ; and 
the commissioners shall, as soon thereafter as may be, 
register such person as a guide in such class as they shall 
deem proper, after such investigation as they shall deem 
proper ; but said commissioners may refuse to register 
any applicant whom they deem unfit to be a guide, and 
may, for cause shown, after due notice and hearing, 
cancel any registration by them made, and may advance 
anyone from the local class to the general class, when- 
ever they shall deem such person qualified to be a gen- 
eral guide. Whenever a guide registered, as provided 
in this chapter, is convicted of any violation of any of 
the inland fish and game laws, the commissioners shall, 
at their discretion, cancel his certificate of registration 
and strike his name from the list of registered guides ; 
but such person may thereafter be registered again at 
the discretion of the commissioners. Any certificate 
cancelled by virtue of this chapter shall be immediately 
returned to the commissioners, under a penalty of fifty 
dollars for refusal or neglect to comply with this 
requirement. A fee of one dollar shall be paid annually 
for the registration as herein provided. No person shall 
receive a certificate as a general guide unless he be at 
least twenty years of age, of good repute, and friendly 
to the inland fish and game laws, and will discounte- 
nance in all proper ways all violations thereof. He 
shall be thoroughly competent to traverse the hunting 
grounds of the State in which he is licensed to guide, 
and shall be skilled in the use, management, and hand- 
ling of such boats or canoes, on lake, pond, or river, as 



28 

are used in the territory in which he is authorized to 
guide, and shall be a safe person under all circumstances 
to be a guide for inland fishing and forest hunting par- 
ties. A person may receive a certificate as a local guide 
who does not, in the judgment of the commissioners, 
possess all the necessary qualifications of a general 
guide, yet is deemed suitable to act as such under certain 
conditions; and guides may be restricted in the terri- 
tory in which they are permitted to guide. Every non- 
resident registered as a guide shall pay a fee of twenty 
dollars; the commissioners may at their discretion re- 
fuse to issue any certificates of registration after October 
twentieth of each year, and every certificate issued shall 
expire with the calendar year. An official badge for 
guides may be prepared by the commissioners. 

Wardens— Their Appointment and Duties. 

'Sect. 47. The governor, with the advice and consent 
of the council, upon the recommendation of the commis- 
sioners of inland fisheries and game, may appoint suita- 
ble persons as fish and game wardens, who shall hold 
office for a term of three years unless sooner removed, 
and who shall enforce all laws relating to inland game 
and fisheries, and all rules and regulations in relation 
thereto, arrest all violators thereof, and prosecute all 
oflfences against the same; said wardens shall have the 
same power to serve criminal processes against such 
ofifenders, and shall be allowed the same fees, as sheriflFs, 
for like services, and they shall have the same right as 
sheriflfs to require aid in executing the duties of their 
office. They shall, before being qualified to discharge 
the duties required by this act, give bond to the treas- 
urer of the State with two good and sufficient sureties 
in the penal sum of two thousand dollars approved by 
the commissioners of inland risheries and game, condi- 
tioned for the faithful performance of the duties of 
their office. Inland fish and game wardens may serve 
all processes pertaining to the collection of penalties for 
violation of the inland fish and game laws ; fish wardens 
may be appointed inland fish and game wardens and 
need not give additional bond. 



29 

Sheriffs, Game Warden. _j.d 

'Sect. 48. Sheriffs, deputy sheriff's, pohce officers and 
constables, are vested with the powers of inland fish 
and game wardens and their deputies, and shall receive 
for their services the same fees. 



Search and Seizure of Game. 

'Sect. 49. The commissioners and every warden 
throughout the State and every sheriff and constable in 
his respective county are authorized and required to en- 
force the provisions of this chapter, and to seize any 
game or fish or game birds taken or neld in violation of 
this chapter; and every such officer shall have full 
power and authority, and it shall be his duty with or 
without a warrant, to arrest any person whom he has 
reason to believe guilty of a violation thereof, and, with 
or without a warrant, to open, enter, and examine all 
camps, wagons, cars, stages, tents, packs, stores, ware- 
houses, store-houses, out-houses, stables, barns, and 
other places, and to examine all boxes, barrels, and 
packages where he has reason to believe any game or 
fish taken or neld in violation of this act, is to be found, 
and to seize the same; provided, however, that a dwel- 
ling house actually occupied can be entered for examina- 
tion, only in pursuance of a warrant, or to make an 
arrest. 

Penalties — How Recovered. 

'Sect. 50. Any officer authorized to enforce the in- 
land fish and game laws may recover the penalties for 
the violation thereof in an action on the case in his own 
name, the venue to be as in other civil actions, or by 
complaint or indictment in the name of the State ; and 
such prosecution may be commenced in the county in 
which the offence was committed, or in any adjoining 
county, and the plaintiff prevailing shall recover full 
costs without regard to the amount recovered. The 
term "game birds" as used in this act shall be con- 



30 

strued to mean the ruffed grouse, or partridge, all spe- 
cies of the pheasant, woodcock, snipe, plover, quail, and 
all ducks enumerated in this act; and the term "game 
animals" shall be construed to mean moose, caribou, 
and deer. 

Officers May Arrest Without Warrant. 

'Sect. 51. Any officer authorized to enforce the 
inland fish and game laws may, without process, arrest 
any violater of any of said laws, and shall with reason- 
able diligence, cause him to be taken before any trial 
justice or any municipal or police court, in the county 
where the offence was committed, or in any adjoining 
county, for a warrant and trial. Jurisdiction in such 
cases is hereby granted to all trial justices and all other 
courts to be exercised in the same manner as if the 
offence had been committed in that county; and any 
officer who shall maliciously, or without probable cause, 
abuse his power in sucn proceedings shall be liable upon 
complaint or indictment, to a fine not exceeding one 
hundred dollars, or imprisonment not exceeding three 
months. 

Jurisdiction of Courts. 

'Sect. 52. In all prosecutions under this chapter and 
the amendments and additions thereto, municipal and 
police judges and trial justices within their counties 
have, by complaint, original and concurrent jurisdiction 
with the supreme judicial and superior courts. 

Disposition of Fines and Penalties. 

'Sect. 53. Any officer or other person who shall re- 
ceive any fine or penalty, or any part thereof, for the 
violation of any fish or game law, and shall neglect for 
more than thirty days to pay the same into the State 
treasury, shall be punished by a fine of not less than 
fifty, nor more than one hundred dollars ; all fines and 
penalties recovered, or money paid, under any of the 
provisions of this chapter and the amendments and 



31 

additions thereto, shall by the person receiving the same, 
be paid forthwith to the treasurer of the State, after 
deducting legal taxable costs; and such money so re- 
ceived by said treasurer shall be expended by the com- 
missioners of inland fisheries and game for the protec- 
tion of the fish and game of the State. 

Service on Corporations, How Made. 

'Sect. 54. In case of a violation of any of the pro- 
visions of this chapter by a corpoi'ation, the warrant of 
arrest may be served by an attested copy served on the 
president, secretary, or manager in this State, or any 
general agent thereof in the county where the action is 
pending, and upon return of such warrant so served, 
the corporation shall be deemed in court and subject to 
the jurisdiction thereof, and any fine imposed may be 
collected by execution against the property of such cor- 
poration ; but this section shall not be deemed to ex- 
empt any agent or employee from prosecution. 

Penalty for Dishonest Licensee. 

'Sect. 55. If the holder of any license, certificate, or 
permit, issued in conformity with any of the provisions 
of this chapter, shall persistently or flagrantly and 
knowingly violate or countenance the violation of any 
of the provisions of this chapter, such license, certifi- 
cate, or permit may be revoked by the commissioners, 
after due notice given of the alleged violation, and an 
opportunity afforded to appear and show cause against 
the same. 

Duty of County Attorneys, 

'Sect. 56. It shall be the duty of each county attor- 
ney to prosecute all violations of this chapter occurring 
within his county, when such cases may come to his 
knowledge, or when he may be so requested by the com- 
missioners or any officer charged with its enforcement, 
the same at all times to be subject to the supervision 
and control of the commissioners. In any prosecution 
under this chapter, any participant in a violation there- 



32 

of, when so requested by the county attorney, commis- 
sioners, or other officer instituting the prosecution, may 
be compelled to testify as a witness against any other 
person charged with violating the same, but his evidence 
so given shall not be used against himself in any prose- 
cution for sucn violation. It shall be the duty of every 
justice of the peace and clerk of the court before whom 
any prosecution under this act is commenced, or shall 
go on appeal, within twenty days after the trial or dis- 
missal thereof, to report in writing the result thereof 
and the amount of fines collected, if any, and the dis- 
position thereof to the commissioners, at Augusta. In 
all cases, the officer making the seizure or sale of fish, 
game, or birds, shall within ten days thereafter, report all 
the particulars thereof and an itemized statement of the 
proceeds, expenses, and fees, and the disposition there- 
of to the commissioners, at Augusta. Every warden 
shall, in the month of December of each year, and at 
such other times as the commissioners may require, re- 
port to the commissioners all violations of, and prose- 
cutions under this act, occurring in his district, together 
with such further information as the commissioners 
may require. The failure of any person or officer to 
perform any act, duty, or obligation enjoined upon him 
by this act, shall be deemed a violation thereof. 

Commissioners of Inland Fislieries and Game — Their Appoint^ 
ment, Powers and Duties. 

'Sect. 32. The governor, with the advice and consent 
of the council, shall appoint three persons to be commis- 
sioners of inland fisheries and game, one of whom shall 
be the land agent of the State and shall hold the office 
so long as he shall continue to be land agent, and shall 
receive in addition to his salary as land agent, the annual 
sum of two hundred dollars ; the other two commis- 
sioners shall hold their office for three years, and until 
their successors are appointed and qualified, and shall 
each receive an annual salary of one thousand dollars. 
Said commissioners shall receive, in addition to their 
salaries, actual travelling expenses, to be audited by the 



33 

governor and council ; they shall be provided with an 
office in the State capitol, with suitable furniture, sta- 
tionery, and other facilities for the transaction of the 
business of the department, and they may appoint a 
clerk at a salary not exceeding five hundred dollars per 
annum. 

Sect. ^s. The commissioners of inland fisheries and 
game shall examine dams and all other obstructions ex- 
isting in all rivers and streams, and determine the neces- 
sity of fish ways, and the location, form and capacity 
thereof ; and shall introduce and disseminate valuable 
species of food fish into the inland waters of the State, 
and valuable food birds into the State. They shall ex- 
amine into the workings of the inland fish and game 
laws, see that all violations thereof are duly prosecuted, 
and perform all other duties prescribed by law. They 
shall annually on or before the 31st day of December, 
report to the governor. 

'Sect. 34. The commissioners of inland fisheries and 
game shall have authority, upon petition of five or more 
citizens of the State, or whenever they shall deem it for 
the best interests of the State, after due notice and pub- 
lic hearing in the locality to be affected, to regulate the 
times and places in which and the circumstances under 
which game and inland fish may be taken ; but they can- 
not authorize the taking of game or inland fish at a 
time in which its capture is prohibited by the laws of 
the State, and in all cases where the prayer of the peti- 
tioners is refused, one-half of the expenses of the com- 
missioners shall be paid by the petitioners. Whenever 
they deem it for the best interests of the State, after 
like notice and hearing, they may entirely prohibit the 
taking of any kind of game or inland fish, in any part 
of the State, for a series of years not exceeding four. 
They may adopt and. from time to time, modify or re- 
peal such needful rules and regulations, not contrary to 
the laws of the State, as they may deem necessary or 
proper for the protection and preservation of the game 
and inland fish of the State, in conformity with the pro- 
visions of the last two preceding sections. They shall 



34 

file, in the office of the clerks of the cities, towns, and 
plantations in the territory to be afifected, a copy of the 
rules and regulations adopted by them, and publish the 
same three weeks successively in a newspaper printed 
in the county, and post on the banks of waters to be 
affected, as nearby as may be like notices ; and when- 
ever any such rules or regulations apply to any unor- 
ganized township, a like copy shall be filed with the 
clerk of courts for that county and published three 
weeks successively in a newspaper printed in the county ; 
they shall also immediately upon the adoption of any 
rules and regulations contemplated by this act, file an 
attested copy of the same in the office of the secretary 
of State. 

Sect. 35. Whoever fishes for, takes, catches, kills, or 
destroys any inland fish, in any manner or at any time, 
in violation of any of the rules and regulations of the 
commissioners of inland fisneries and game, made and 
promulgated in conformity with the provisions of this 
chapter, shall be punished in the same manner and to the 
same extent as is provided for by law for the illegal 
taking, catching, killing or destroying of any such inland 
fish. 

Sect. 36. Whoever at any time or in any manner 
shall hunt, chase, catch, kill, take, have in possession, 
or destroy any inland game, in violation of any of the 
rules and regulations of the commissioners of inland 
fisheries and game, made and promulgated in conform- 
ity with the provisions of this chapter, shall be punished 
in the same manner and to the same extent as is pro- 
vided for by law for the illegal hunting, chasing, catch- 
ing, killing, taking, having in possession, or destroying 
of any such inland game. 

'Sect. 37. Any person who willfully mutilates, de- 
faces or destroys any notice, rule, or regulation of the 
commissioners of inland fisheries and game, posted in 
conformity with the provisions of this act, shall be 
punished by a fine not exceeding fifty dollars, to be re- 
covered by complaint or indictment ; and one-half of 
said fine shall be paid to the prosecutor. 



35 

'Sect. 38. Said conmiissioners of fisheries and game 
may take fish and game of any kind when, where, and 
in such manner, as they choose, for the purposes of 
science and of cultivation and dissemination, and they 
may grant written permits to other persons to take fish 
and game for the same purposes, and may introduce or 
permit to be introauced, any kind of fish into any 
waters. They may, after a hearing, set apart, for a 
term not exceeding ten years, any waters for the use of 
themselves, or of the United States commissioner of 
fish and fisheries, in the prosecution of the work of fish 
culture and of scientific research relative to fishes. 
The order setting apart such waters shall be recorded 
in the registry of deeds of the county in which they 
are situated. In the waters so set apart, they and the 
United States commissioner of fish and fisheries, and 
persons acting under their authority may, in their res- 
pective fish culture and scientific work, take fish at any 
time or in any manner, and erect and maintain any fix- 
tures necessary for such purposes. No other person 
shall take or kill any fish, or use any implement for 
fishing therein, under a penalty of not less than ten nor 
more than one hundred dollars, and a further penalty 
of one dollar for each fish so taken or killed; provided, 
however, that before such hearing they shall give notice 
thereof, by publication of their intention for two suc- 
cessive weeks in at least one newspaper printed in the 
county where such waters lie. They are authorized to 
grant permission to take moose, caribou, deer, and birds 
for park purposes in this State, under such rules, regu- 
lations, and conditions as they shall establish. They 
may, under such rules and regulations as they may es- 
tablish, permit the taking of eels and white fish in the 
inland waters of the State. They shall have authority 
to cause the destruction of all mink found in or around 
any fish hatchery or feeding station in this State. They 
may upon petition of ten or more taxpayers, residents 
in the locality, adopt such needful rules and regulations, 
not contrary to the general laws of the State, as may be 
necessary to prevent the interference with, or the de- 



36 

struction of the spawning beds, feeding troughs, or 
artificial ponds of land-locked salmon or trout, or other 
useful fish. The penalty for the wilful violation of any 
of such rules and regulations shall be fifty dollars for 
each offense, 'i ne commissioners may at their discre- 
tion, screen the outlet of any pond or lake or authorize 
the same to be done under such conditions as may seem 
to them just- 
Fish Ways. 
"Sect. 39. The owner or occupant of every dam or 
other artificial obstruction in any river or stream fre- 
quented by salmon, shad, alewives, or land-locked salm- 
on, shall provide the same with a durable and effi- 
cient fishway, of such form and capacity, and in such 
location as may, after notice in writing to one or more 
of said owners or occupants and a hearing thereon, be 
determined by the commissioners of inland fisheries 
and game by written notice to some owner or occupant 
specifying the location, form, and capacity of the re- 
quired fishway, and the time within which it shall be 
built ; and said owner or occupant shall keep said fish- 
way in repair, and open and free from obstruction for 
the passage of fish, during such times as are prescribed 
by law ; provided, however, that in case of disagree- 
ment between said commissioners and the owner or oc- 
cupant of any dam, as to the propriety and safety of the 
plan submitted to the owner or occupant of such dam 
for the location and construction of the fishway, such 
owner or occupant may appeal to the county commis- 
sioners of the county where the dam is located, within 
twenty days after notice of the determination, to the com- 
missioners of inland fisheries and game by giving to the 
latter named commissioners notice in writing of such 
appeal within that time, stating therein the reasons 
therefor ; and at the request of the appellant or the 
commissioners of inland fisheries and game the senior 
commissioners in office of any two adjoining counties 
shall be associated with them, who shall appoint a time 
to view the premises and hear the parties and give due 



17 

notice thereof, and after such hearing they shall decide 
the question submitted, and cause record to be made 
thereof, and their decision shall be final as to the plan 
and location appealed from. If the requirements of the 
commissioners of inland fisheries and game are affirmea, 
the appellants shall be liable for the costs arising after 
the appeal, otherwise they shall be paid by the county. 
If a fishway thus required is not completed to the satis- 
faction of the commissioners of inland fisheries and 
game within the time specified, every owner or occu- 
pant shall forfeit not more than one hundred nor less 
than twenty dollars for every day of such neglect be- 
tween the first days of May and November. On the 
completion of a fishway to the satisfaction of the com- 
missioners of inland fisheries and game, or at any sub- 
sequent time, they shall prescribe in writing the time 
during which the same shall be kept open and free from 
obstruction to the passage of fish each year, and a copy 
of such writing shall be served on the owner or occu- 
pant of the dam. The commissioners of inland fisher- 
ies and game may change the time as they see 
fit. Unless otherwise provided, fishways shall be kept 
open and unobstructed from the first day of May to the 
fifteenth day of July. The penalty for neglecting to 
comply with this section, or with any regulations made 
in accordance herewith, is not less than twenty nor more 
than one hundred dollars for every day of such neglect. 
'Sect. 40. Whenever the commissioners of inland 
fisheries and game find a fishway out of repair or need- 
ing alterations, they may, as in the case of new fish- 
ways, require the owner or occupant to make such re- 
pairs or alterations ; and all proceedings in such cases 
and the penalty for neglect shall be as provided in the 
three preceding sections, without appeal. If the dam 
is owned and occupied by more than one person, each 
is liable for the cost of erecting and maintaining such 
fishway, in proportion to his interest In the dam, and 
if any owner or occupant neglects or refuses to join 
with the others in erecting or maintaining such fishway, 
the other owners or occupants shall erect or repair the 



38 

same, and have an action on ihe case against such dehn- 
quent for his share of the expenses. If the owner or 
occupant of such dam resides out of the State, said pen- 
alties may be recovered by a libel against the dam and 
land on which it stands, filed in the supreme judicial 
court in the county where it is located, in the name of 
the commissioners of inland fisheries and game or of 
any fish wardens who shall give to such owner or occu- 
pant, and all persons interested therein, such notice as 
the court or any justice thereof in vacation, orders, and 
the court may render judgment therein, against said 
dam and lands for said penalties and costs, and order 
a sale thereof to satisfy such judgment and costs of sale, 
subject, however, to all said requirements for the erec- 
tion and maintenance or repair of said fishway. The 
commissioners of inland fisheries and game may dele- 
gate to any fish warden or other lawful officer of fish- 
eries any of the powers given to said commissioners in 
relation to the construction of fishways. 

'Sect. 41. The following waters and their tributa- 
ries are exempt from the provisions relating to migratory 
fishes and the supervision of the fishways by the com- 
missioners ; that is to say, Royall river in North Yar- 
mouth, Sewall's pond or its outlet in Arrowsic, so much 
of the waters of the Damariscotta river as are west of 
the railroad bridge near Damariscotta mills, all waters 
in Vinalhaven, Tremont, Mount Desert, Eden, Frank- 
lin, and Sullivan, Pleasant river in Washington county, 
East Machias river, and the Eastern Penobscot river in 
Orland. Little river in Perry shall be exempt from all 
the foregoing provisions that relate to maintaining fish- 
ways in said river, except during April, May and June. 

'Sect. 42. For the purposes of this chapter, the term 
"salmon" means the common migratory salmon of the 
sea coast and rivers ; the term "land-locked salmon" 
means any of the species or varieties of salmon that do 
not periodically and habitually run to the sea, being the 
same locally known as "salmon trout" and "black 
spotted trout;" the term "alewife" means the small 
species of migratory fish called "alewife" but known 



39 

also by the local names of "herring" and "gaspereau," 
and also includes the similar species found in tidal 
waters and known as "blue-back;" and the term "bass" 
means the striped bass of tidal waters. 

'Sect. 43. The provisions of this chapter so far as 
they relate to fish apply to the taking of the same in all 
fresh waters above the flow of the tide and in all tidal 
waters frequented by the various species of fresh water 
and migratory fishes, except to the capture of shad 
and alewives in Denny's river and its tributaries, Pem- 
maquam river and its tributaries, and the Schoodic 
lakes and their tributaries, and to the taking of white 
fish in the Schoodic lakes on the St. Croix river and 
their tributaries, by citizens of the State with set nets, 
during the months of May and November, and convey- 
ing them to their own homes, but not otherwise. This 
chapter does not apply to fish taken in the weirs on 
St. Croix river, and does not repeal the laws relating 
to the St. Croix, Denny's, Pemmaquam, Cobscook, 
East Machias, and Narraguagus rivers ; nor does it 
apply to the taking of blue-back trout ; except that no 
person shall fish for, catch, take, kill, or destroy the same, 
with net, seine, weir, or trap, under a penalty of five 
dollars for the attempt, and one dollar for each blue- 
back trout so taken, caught, killed, or destroyed, to be 
recovered by complaint. 

Artifical Culture of Fish by Private Persons. 

'Sect. 44. Any riparian proprietor may, within the 
limits of his own premises, inclose the waters of a 
stream not navigable, for the cultivation of useful fishes ; 
provided that he furnishes suitable passages for migra- 
tory fishes naturally frequenting such waters, and does 
not obstruct the passage of boats and other craft and 
materials, in places where the same have a right to pass. 
Any person legally engaged in the artificial culture and 
maintenance of fishes, may take them in his own en- 
closed waters wherein the same are so cultivated and 
maintained, as and when he pleases, and may at all 
times sell them for cultivation and propagation ; but he 



40 

shall not sell them for food at seasons when the tak- 
ing thereof is prohihited, under a penalty of not less 
than ten nor more than one hundred dollars, and a fur- 
ther penalty of not less than one dollar for each fish 
so sold. Any person engaged in the artificial propaga- 
tion of trout, or fresh and salt water salmon, when the 
parent fish are taken from ttie public waters in the State, 
shall retain not less than twenty-five per cent of all eggs 
taken from said parent fish, and shall cause the same to 
be properly cared for and hatched, and, when hatched 
and in proper condition, to be returned to a place suit- 
able for such young fish in the original waters from 
which the parent fish were taken, and shall cause said 
parent fish to be returned to safe locations in such 
waters, under a penalty of not less than fifty nor more 
than five hundred dollars for each offence. But this 
section does not apply to cases in which the parent fish 
are taken in the manner and at the time and place per- 
mitted for the capture of such fish for food ; nor to 
operations in fish culture conducted for public purposes 
by permission of the commissioners of fisheries, who 
may affix such conditions to their permits as they see 
fit, requiring in no case, however, less than twenty-five 
per cent of the young fish to be returned, as provided in 
this section. 

'Sect. 45. No person without permission of the pro- 
prietor, shall fish in that portion of a pond or other 
water in which fish are artificially cultivated or main- 
tained by written permission of the fish commissioners, 
under a penalty of not less than ten nor more than one 
hundred dollars, besides two dollars for each fish so 
taken or killed ; and, in default of payment, such offend- 
er shall be imprisoned at the expense of the prosecutor, 
until said forfeiture is paid or otherwise discharged by 
due process of law. 

'Sect. 46. Whoever kills or destroys any sea salmon 
or land-locked salmon less than nine inches in length, 
or any trout less than five inches in length, forfeits five 
dollars for the offence and fifty cents for every land- 
locked salmon or trout so killed or destroyed. Whoever 



41 

has in possession any salmon or trout of less than the 
above dunensions shall be deemed to have taken it in 
violation ot this section. 

bection z. All acts and parts of acts, whether so 
called public, or private and special, which are incon- 
sistent with the provisions of this act, and all acts and 
parts of acts, whether public, or private and special, 
relating to. inland hsh and game, and which are not 
incorporated in this act, and all rules and regulations 
of the commissioners of inland fisheries and game, are 
hereby repealed. But this act shall not be construed 
as repealing any of the laws pertaining to sea and shore 
hshenes, or any of the laws governing the taking of 
salmon, shad, herring, alewives, and smelts in any of 
the tidal waters of the State, or waters flowing directly 
thereinto. 

Chapter ii6. Private Laws, 1899. No person shall 
kill or have in his possession, except alive, any bird 
commonly known as tern. Penalty not less than one 
nor more than ten dollars. 

Chapter 75, Private and Special Laws, 1899. Close 
time on deer on the island of Isle Au Haut for six years 
from October i, 1899. 

Section i. Private and Special Laws, chapter 122, 
1899. It shall be lawful for the inhabitants of this 
State to take salmon for their own consumption in 
their own homes with drift nets, the meshes of which 
shall be not less than two and one-half inches square, 
from 6 o'clock in the afternoon of Thursday to 6 
o'clock in the afternoon of Sattirday of each week, 
from the waterworks dam at Bangor, to the mouth of 
the Sebois river, so called, on the east branch of the 
Penobscot river, during open season, but not within 
three hundred yards of any dam or mill race. 

Section 2. If in the judgment of the commissioners 
of inland fisheries and game, the privileges granted by 
section one are abused, misused or are detrimental to 
the proper propagation of the salmon fisheries on any 
part of the Penobscot river, said commissioners shall 
have power and are hereby authorized to suspend the 
operation of this act. 



42 

PROTECTION OF FORESTS. 
Fire. 

1885, c. 2>2n> § 15- Whoever kindles a fire on land 
not his own, without consent of the owner, forfeits ten 
dollars ; if such fire spreads and damages the property 
of others, he forfeits not less than ten nor more than 
five hundred dollars, and in either case he shall stand 
committed until fine and costs are paid, or he shall be 
imprisoned not more than three years. 

Fish and Game Wardens, Fire Wardens. 

1891, c. 108. Fish and game wardens are hereby 
made state fire wardens, and it shall be their duty 
while in and about the woods, to caution all sports- 
men of the danger from fires in the woods, and to 
extinguish all fires left burning by any one, if within 
their power ; and to give notice to any and all parties 
interested when possible, of fires raging and beyond 
their control, to the end that the same may be con- 
trolled and extinguished. 

An Act to create a forest commission and for the 
protection of forests. 

1891, c. 100, § I. The state land agent is hereby 
made forest commissioner of the state of Maine, and 
in addition to the salary now received by him as land 
agent, he shall receive as compensation for his services 
as forest commissioner two hundred dollars per annum, 
and his actual traveling expenses incurred in the per- 
formance of his duties, an account of which shall be 
audited by the governor and council. 

Sect. 2. It shall be the duty of the forest commis- 
sioner to make a collection and classification of statis- 
tics relating to the forests and connected interests of 
the state, and to institute an inquiry into the extent 
to which the forests of Maine are being destroyed by 
fires and by wasteful cutting, and to ascertain so far 
as he can as to the diminution of the wooded surface 



43 

of the land upon the water sheds of the lakes, rivers 
and water powers of the state and the effect of such 
diminution upon the water powers and on the natural 
conditions of the climate. The information so gath- 
ered by him, together with his suggestions relative 
thereto shall be included in a report to be made by 
him annually to the governor on or before the first day 
of December. 

Sect. 3. The selectmen of towns shall be, ex-ofiicio, 
forest fire wardens therein and shall divide said towns 
into three districts, bounded as far as may be by roads, 
streams of water, or lot lines, and assign to each of 
their number the charge and oversignt of one district 
as district fire wardens therein. A description of each 
district and the name of the fire warden thereof shall 
be recorded with the town clerk. The services of such 
selectmen acting as said fire wardens, shall be paid for 
at the same rate as is paid for their official services. 
It shall be the duty of the fire warden of the district in 
which a fire is discovered to take such measures as 
may be necessary for its control or extinction. For 
this purpose he shall have authority to call upon any 
persons in the territory in which he acts for assistance, 
and such persons shall receive such compensation not 
exceeding fifteen cents per hour as said selectmen may 
determine, the same to be paid by the town. But no 
town shall be holden to pay for extinguishing forest 
fires in any year an amount greater than two per cent 
upon its valuation for purposes of taxation. If any 
person so ordered to assist, and not excused from said 
service by said forest fire warden on account of sick- 
ness, disability or some important business or engage- 
ment, shall neglect to comply with any such order he 
shall forfeit the sum of ten dollars, to be recovered in 
an action of debt in the name and to the use of the 
town, by the treasurer thereof. 

Sect. 4. County commissioners of each county in 
which there are unorganized places shall annually 
appoint, such number of fire wardens as they deem 
necessary not exceeding ten, for all such unorganized 



44 

places in any county, whose duties and powers shall 
be the same with respect to such unorganized places 
as those of the fire wardens of towns, and they shall 
also have the same authority to call out citizens of 
the county to aid them in extinguishing fires, that 
town fire wardens have to call out citizens of the town. 
The compensation of such fire wardens shall be paid 
by the county, and the compensation of persons called 
upon by them as aforesaid, to render aid, shall be the 
same as that provided in the case of towns and shall 
be paid one-half by the county and one-half by the 
owners of the lands on which said fires occur. 

Sect. 5. Any person who shall build a camp or 
cooking fire in or adjoining any woods in this state, 
shall, before leaving such camp, totally extinguish such 
fire, and upon failure to do so, such person shall be 
deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be punished by a fine not exceeding 
one hundred dollars, or by imprisonment in the county 
jail not exceeding one month or by both such fine and 
imprisonment, provided, that such fires built upon the 
sea beach in such situation that they can not spread 
into forest wood or cultivated lands or meadows, shall 
not be construed as prohibited by this act. 

Sect. 6. It shall be the duty of selectmen in towns 
within thirty days after this act' shall take eff^ect, to 
cause to be erected in a conspicuous place at the side 
of every highway as they may deem proper, and at 
suitable distances alongside the rivers and lakes of the 
state frequented by camping parties, tourists, hunters 
and fishermen, in their respective towns, notices in 
large letters to be furnished by the forest commissioner, 
substantially in the following form : Camp fires must 
be totally extinguished before breaking camp, under 
penalty of not to exceed one month's imprisonment or 
one hundred dollars fine, or both as provided by law. 

Signed, Forest Commissioner. The forest 

commissioner shall furnish owners of wood lands sit- 
uated within this state when called upon so to do, 
notices of similar tenor to be posted at the expense of 
said owners upon their respective lands. 



45 

Sect. 7. All persons engaged in hunting game on 
-any of the wood lands within any town or unincor- 
porated place in this state, shall use non-combustible 
wads in the loading of firearms used by them. 

Sect. 8. It shall be the duty of municipal officers 
in towns, and county commissioners, the latter with 
respect to unorganized places, to proceed immediately 
to a strict inquiry into the cause and origin of fires, 
within wood lands ; and in all cases where such fires are 
found to have originated from the imlawful act of any 
person, to cause the offender to be prosecuted without 
delay. 

Sect. 9. The selectmen of towns in which a forest 
fire of more than one acre in extent has occurred, and 
the county commissioners where a forest fire of more 
than two acres has occurred in any of the unincor- 
porated places in any county, within a year, shall report 
to the forest commissioner the extent of area burned 
over, to the best of their information, together with the 
probable amount of property destroyed, specifying the 
value of timber as near as may be, and amount of cord 
wood, logs, bark or other forest product, fencing, 
bridges and buildings that have been burned. They 
shall also report the cause of these fires if they can be 
ascertained and the measures employed and found most 
efifective in checking their progress. Blanks for the 
reports required in this act shall be furnished bv ^aid 
forest commissioner at the expense of the state. 

Sect. 10. Every railroad company whose road passes 
through waste or forest lands, shall during each year 
cut and burn ofif or remove from its right of way all 
grass, brush or other inflammable material, but under 
proper care and at times when fires are not liable to 
spread beyond control. 

Sect. II. All locomotives which shall be run through 
forest lands, shall be provided with approved and effi- 
cient arrangements for preventing the escape of fire and 
sparks. 

Sect. 12. No railroad company shall permit its 
employes to deposit fire, live coals or ashes, upon their 



46 

track in the immediate vicinity of wood lands or land 
liable to be overrun by fires, and where engineers, 
conductors or train men discover that fences along 
the right of way or wood lands adjacent to the rail- 
roads, are burning or in danger from fires, it shall be 
their duty to report the same at their next stopping 
place which shall be a telegraph station. 

Sect. 13. For all damages caused to forest growth 
by any person employed in the construction of any 
railroad hereafter to be built in this state, the com- 
pany owning such road shall be primarily liable to 
the person or persons so damaged. During the con- 
struction of such roads through wood land, there shall 
be kept posted in conspicuous places on each line of the 
road ways at distances of two hundred feet, abstracts 
of the laws relating to forest fires. Any person 
employed in the construction of such railroads, who 
shall set or cause to be set any fire along the line of 
said roads, shall, before leaving the same, totally extin- 
guish said fires, and upon failure to do so, such person 
shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine of not 
exceeding five hundred dollars or by imprisonment in 
the county jail not exceeding sixty days, or by both 
such fine and imprisonment. It shall be the duty of 
all persons having charge of men in the construction of 
such railroads, to see that the provisions of this section 
are carefully complied with, and any negligence or 
want of ordinary care on their part in relation to the 
same shall constitute a misdemeanor, and upon con- 
viction thereof, they shall be liable to the penalties 
imposed by this section. 

Sect. 14. Any railroad company violating the require- 
ment of this act, shall be liable to a fine of one hundred 
dollars for each ofTense. 

Sect. 15. The forest commissioner shall take such 
measures as the state superintendent of common schools 
and the president of the state college of agriculture and 
mechanic arts, may approve, for awakening an interest 
in behalf of forestry in the public schools, academies 



47 

and colleges of the state, and of imparting some degree 
of elementary instruction upon this subject therein. 

Sect. i6. The forest commissioner shall prepare 
tracts or circulars of information, giving plain and 
concise advice for the care of woodlands and for the 
preservation of forest growth. These publications shall 
be furnished to any citizen of the state upon application. 

Sect. 17. It shall be the duty of the forest commis- 
sioner to cause, at the expense of the state, copies of 
this chapter and all other laws of the state relating to 
forest fires to be printed and freely distributed to the 
selectmen of all the towns of the state, whose duty it 
shall be to post them up in school houses, saw mills, 
logging camps and other places, and similar copies 
shall be furnished to owners of forest lands, who may 
apply for them, to be posted up at the expense of such 
owners. Any person viciously or wantonly tearing 
down, destroying or defacing any such notices, shall 
on conviction therefor be punished by a fine of five 
dollars. 

Sect. 18. All acts and parts of acts inconsistent with 
the provisions of this act, are hereby repealed, but none 
of the penalties proposed by this act shall be considered 
as substitutes for or as repealing the provisions of 
existing laws, making persons guilty of acts of trespass 
or liable for civil damages to persons injured by such 
acts. 



INDEX. 



A. 

PAGE 

Androscoggin county, protection of deer in 8-9 

Androscoggin county, ice flsliing prohibited in certain 

waters 18 

Androscoggin county, certain waters closed to all 

fishing 19 

Allen pond 18 

Auburn, lake, ice fishing prohibited and tributaries 

closed 18-19 

Aroostook county, certain waters closed 19 

Andover, Ellis river in, protected.. 23 

Anonymous pond, tributaries closed 20 

Anasagunticook, tributaries closed 21 

Alf ord's pond, tributaries closed 22 

Arrowsic, Sewall's pond, exempted 38 

Albany, tributaries of Songopond in 21 

Alder brook and stream 20 

Artificial liglits prohibited in liunting 5 

Artificial culture of fisli 39 

Annual close time for fisli 17 

Annual close time on moose, deer and caribou 5-6 

Annual close time on game birds 13-14 

Agents, Commissioners may appoint 38 



B. 

Bounty on wolves and wildcats 3 

Brettun's pond, ice fishing prohibited and tributaries 

closed 18-19 

Bubble pond, ice fishing 18-21 

Bear pond, tributaries closed, ice fishing proliibited 18-21 

Bemis stream closed 20 

Birds, game, close time on, and insectivorous ..10-11-13-14-15-16 

Bassett brook, tributaries closed 22 

Beaver brook closed 22 

Big Wood pond 22 

Bonny Beg pond, tributaries closed 22 

Buck's Falls 23 

Bull moose 9-10 

Bond of wardens 28 



3 



50 



PAGE 

Bond when game is seized 10 

Birds, wild, insectivorous, nests, eggs and young pro- 
tected 15 

Blue back trout protected 23 



c. 

Close time on moose, caribou and deer 5-13 

Close time for land-locked salmon, trout, togue and 

white perch 17-18 

Cumberland county, ice fishing prohibited in certain 

waters and certain waters closed 18-20 

Crocker pond, Hancock countj\ ice fishing prohibited, 18 

Crystal lake, Washington 18 

Closed waters for all fishing 19-22 

Contraband, grapnel, spear, &c., when 24 

Commissioners, appointment of, duties and powei's of, 32-36 

Commissioners may grant permit to take certain fish.. 25 

Cusk, Commissioners may grant permits to take 25 

Commissioners may appoint taxidermists 15 

Capercailzie, protection of 14 

Caribou, protection of 5-6 

"Close season" and "close time" defined 9 

Cobscook river 39 

Corporations, service of warrants on, transportation of 

game, fish and birds by 10-14-31 

Certificates, Commissioners may revoke 16-27 

County Attorneys shall prosecute 31-32 

Cities may raise monej' for fish 3 

Crooked river 20 

Cupsuptic stream and lake 20 

Clearwater pond, tributaries closed and special law 21-23 

Carthage, Webb's river .... 21 

China, ponds in. 21 

Canton, ponds in 21 

Cornville, ponds in 22 

Canaan lake 22 

Cow and calf moose, protection of , 5 

Coupon 7-8 

Chasing moose, caribou or deer 9 

Carry or transport game 10-11 

Camps, sporting 26 

Certificates, guides 26-28 

County Commissioners 36 

Citizens of the state may ice fish 18 

Crows 14-15 



51 
D. 

PAGE 

Deer, protection of 5-13 

Peer, protection of, in certain counties 8-9 

Deer may be liillefl in September for fooil 6-7-8 

Deer, protection of, on Isle au Haut.... 41 

Deer or moose not to be given away 11 

Dogs, use of, prohibited 5-6 

Dogs hunting game may be killed 9 

Dyer's pond 19-21 

Dexter pond, ice fishing prohibited, tributaries closed, 19-22 

Denmark, ponds in 21 

Dutton's pon<l, laws on 20-23 

Dedham, Green lake in 18-21 

Doughty pond 18-21 

Damariscotta river exempt 38 

Denny's river 39 

Dynamite, use of, forbidden 25 

Dams and fish ways 36 

Drift nets, use of, on Penobscot river 41 

Duck, protection of 13-14-15 

Disposal of fines and penalties 30 

Disposal of game &c., seized ••• • 10 

Destruction of mink 35 

Deer skins, license to sell and deal in them 13 



Eagle lake, law on, and tributaries f-.-. 18-21 

Eels, Commissioners may grant permits to take 25 

Eggs of and young birds protected 15 

Exempted waters from jurisdiction of Commissioners. . 38-39 

East Machias river 38-39 

Elliottsville, ponds in 18-2i 

S;ilis pond, tributaries closed 21 

East pond, tributaries closed 21 

Ellis river 23 

Eden, exempted waters, in 38 

Embden pond, tributaries closed 22 

Evidence, prima facie having fire arms in possession .. 15 

Evidence of unlawful implements in possession 25 



r. 

Franklin county, close time for fishing in 17 

Franklin county, ice fishing prohibited 18 

Franklin county, certain waters closed 20 

Franklin county, special laws on certain waters 22-'^3 



52 



PAGE 

Flagstaff, ponds in 18 

Farmington, ponds in 21 

Four ponds 21-22 

Fish pond 22 

Fish, protection of — 17-25 

Fish spawn, use of prohibited 24 

Fish, transportation of 11-12-24 

Fisli, introduction of prohibited 25 

Fishways and dams 36-37-38 

Fisli, artificial propagation of 39 

Fiah, riparian proprietor may cultivate . . 39 

Fish and game wardens, api^ointment, powers and 

duties of 28 

Fislier, protection of 17 

Fines, collection and disposal of 30 

Fine for illegal killing of moose, caribou, deer, fish, and 

game birds 6-7-8-9-10-11-17-19-23-24 

Franklin, exempted waters in 38-9 

Firearms, method of sporting with 15 

Fires, kindle 6 

Fees, collection and disposal of 30 

Forestry commissioner, laws, and forest fires 42-47 



Oilman pond, Lexington, ice fishing not prohibited 18 

Green lake, ice fishing prohibited and tributaries closed 18-21 
Garland pond, ice fishing.prohibited and tributaries 

closed 18-21 

Grindstone pond, ice fishing prohibited 19 

Greely brook and tributaries closed 20 

Great pond, tributaries closed . 21 

Grapnel, use of prohibited 24 

Game, protection of, transportation, etc 5-12 

Game birds, protection of 10-11-13-14-15 

Game birds, defined 29 

Game animals, defined 30 

Game may be taken for public park purposes 35 

Guides must be registered 26-27-28 

Gardiner and Randolph bridge, protection of duck 

south of 15 

Grassy pond, special law on 23 

Gulf stream 22 

Game not to be given away or sold to be transported 

outside of the state 11 



53 



H. 

PAGE 

Hancock county, ice fishing prohibited in certain waters 

in IS 

Horseshoe pond, ice flsliing prohibited in 19 

Hancock county, certain waters in closed at all times. . 21 
Hebron pond, ice flsliing prohibited and tributaries 

closed 18-21 

Hancock pond, tributaries closed 20 

Hildreth's Mills ' 20 

Howard's pond, tributaries closed 21 

Hayden lake, tributaries closed 22 

Hawks 15 

Herons .... 15 

Hunters, professional, license of 26 



I. 

Ice fishing prohibited in certain waters 18-19 

Indian pond 19 

Illegal fishing, penalty for 17-23 

Illegal hunting, penalty for 6 

Introduction of certain fish prohibited 25 

Isle au Haut, protection of deer on 41 

Insectivorous birds, protection of 15 



J. 

Jordan pond, ice fishing prohibited in, tributaries 

closed 18-21 

Jordan's dam 20 

Jack lights, use of forbidden and contraband when 5-25 

Jurisdiction of trial justices 30 

Jurisdiction of courts 30 

Jail imprisonment 25 



Kennebec countj', close time in for fish 17-18-21-23 

Knox county, ice fishing prohibited in certain waters, 18-22-23 

Kennebec river, protection of ducks in 15 

Kennebago stream 20 

Kezar, Upper, pond, tributaries closed 21 

Kindle fires, and camping on wild lands 



54 



L. 

PAGE 

Lancl-locked salmon, close time on 17 

Lake Auburn, law on and tributaries 18-19 

Long pond, Hancock county, ice fishing prohibited and 

tributaries closed 1S--21 

Lake Hebron, or Hebron pond, ice fishing prohibited 

and tributaries closed lS-21 

Lower Wilson pond, Greenville 18 

Lake Onawa 19-21 

Littlefleld's pond, Sanford, ice fishing prohibited 19 

Lambert lake, ice fishing prohibited and tributaries 

closed 19-22 

Lincoln county, ice fishing prohibited in certain waters 

in 19 

Lincoln county, certain waters closed at all times .... 21 

Long pond 21 

Luf kin pond 21 

Land-locked salmon, transportation of 11-24 

Larks, protection of 14 

Lily pond, muskrats may be killed in 17 

Licenses, Commissioners may revoke any issued for 

cause I9 

Licenses, to deal in deer skins 13 

Little pond 21 

Little Bear pond, tributaries closed 21 

Lake George, tributaries closed 22 

Label, game, birds and fish 11 

Loons 15 

Licensed sporting camps 26 

Length of land-locked salmon, trout, etc.... 40 



M. 

Moose, protection of 5 to 13 

Moosehead lake, tributaries closed 18-22 

Messabesic, or Shaker pond, ice fishing prohibited .... 19 

M iddle Branch pond , 19 

Minnows for bait, taking of 24 

Merrymeeting bay, protection of ducks in 15 

Mink, protection of 17 

Muskrat, protection of 17 

Moose shall not be sold or given away 11 

Marketmen must be licensed 12 

May first, open time in certain places for fishing 17 

Madawaska lake, tributaries closed 20 

Metalluc and Mill brooks, closed when 20 

Mud pond 21 



55 



PAGE 

Monmouth, tributaries to lakes in closed 21 

Manchester, tributaries to lakes in closed 21 

McGraw pond, tributaries closed 21 

Megalloway river 21 

Moutlis of tributaries, location of 22 

Mosquito pond and stream, tributaries closed 32 

Moxie pond 22 

Moose pond 22 



N. 

Noyes' pond, ice fishing prohibited and tributaries 

closed 18-21 

Nets, contraband when 25 

Nets, drift, use of on Penobscot river 41 

Narraguagus river 39 

North West river, not closed 20 

North pond, tributaries closed 20-21 

Non-residents must employ guides in certain cases 6 

Non-resident guides, fee of 28 



o. 

Oxford county, close time for fishing in 17 

Oxford county, ice fishing proliibitcd 18 

Onawa lake, ice fishing prohibited in and tributaries 

closed 19-21 

Oxford county, certain waters closed to all fishing 21 

Oxford county, special laws on certain waters in 23 

OflScers may seize contraband implements 24-25 

Officers may arrest without warrant 30 

Orioles, protection of 14 

October, close time begins on fish, etc 17 

October, open time begins on moose and deer ... 5 

Owls 15 



P. 

Protection of land-locked salmon, trout, togue, white 

perch 17 

Pickerel pond, Flagstaff, may fish through the ice 18 

Pierce's pond. Flagstaff, may fish through the ice IS 

Pickerel pond, Hancock county, ice fishing prohibited . 18 
Piscataquis county, ice fishing prohibited in certain 

waters in 18 

Penobscot county, ice fishing prohibited in certain 

waters in 19 



56 



PAGE 

Penalty for illegal fishing 19-23-24 

Penalty for using forbidden implements in fishing 24 

Penobscot count J', certain waters closed in 22 

Piscataquis county, cei'tain waters closed in 21 

Piscataquis county, special law on certain waters 23 

Prohibited methods in fishing 24 

Penaltj' for having contraband implements in posses- 
sion 24 

Pickerel, commissioners may grant permit to take in 

closed waters 25 

Permits may be granted for taking certain fish in closed 

waters .. 25 

Partridge, close time on 13 

Plover, close time on 14 

Penalty for illegally hunting game birds 14 

Protection of birds, etc 14-15 

Penaltry for illegally killing insectivorous birds 15 

Protection of birds, eggs and young 15 

Prohibited metliods of taking game birds — 15 

Penalty for dishonest officers 30 

Penalty for dishonest licensees 31 

Provision dealers must be licensed 12-13 

Pemaquam river 39 

Penalties, how collected and disposed of 29-30 

Permit, commissioners may revoke any by them issued, IG 

Penobscot river, use of drift nets in 41 

Plantations may raise money for fish 3 

Pounds of fish which may be taken and transported — 17-18-24 

Pennesseewassee lake • 21 

Parlin pond and stream, tributaries closed 22 

Participant, compelled to testify 31-32 

Park purposes, game taken for 35 

Per cent., twenty-flve, of fish eggs to be returned to 

waters 40 



Q. 

Quail, protection of ■ 



R. 

Ruffed grouse, protection of 13 

Robins, protection of 14 

Registered guides must accompany parties camping 

during certain months 6 

Registration of guides 26-27-28 

Repealing clause 41 

Report of commissioners 33 



57 



PAGE 

Royal river 20 

Rangeley lake and stream 20 

Ross pond 20 

Roxbury pond 21 

Rapid river 21 

Rowell pond 22 



St. Croix river, close time on, and exempt 17-39 

Somerset county, ice fishing prohibited in IS 

Sabbath Day pond, ice flsliing prohibited in, and tribu- 
taries closed ] S-20 

Ship and Bear pond, ice Ashing prohibited in, and tribu- 
taries closed 21 

Shaker pond, ice fishing prohibited in 19 

Somerset county, certain waters closed 21-22 

Screens, commissioners may put in 36 

Spawn, fish, use of prohibited 24 

Spears, use of prohibited, and contraband when 24-25 

Seine, use of prohibited 24 

Set lines, use of prohibited, except in ice fishing 18-24 

Suckers in closed waters, commissioners may grant 

permits to take 25 

Snipe, protection of 14 

Swallows, protection of 14 

Sparrows, protection of, and English 14-15 

Sable, protection of 17 

September, deer may be taken for food purposes, under 

certain conditions 6 

Sunday is close time on game and birds 9 

Search and seizure by wardens 29 

Seizure of game, birds and fish 29 

Sporting camp proprietors shall be licensed 26 

Salmon and trout, length of, and defined 38-40 

Sheriffs and deputies are wardens 29 

Service of warrants on corporations 31 

Special laws on fishing in certain waters 22-23 

Sqiiaw-pan lake 19 

Sebago lake, tributaries closed 20 

South Bog stream 20 

Sandy river pond 20 

Snow pond, tributaries closed 21 

Songo pond, tributaries closed 21 

Sand pond 21 

Smith pond, tributaries closed 22 

Snares forbidden 5-24 

Salary of Commissioners 32 



58 



PAGE 

Spoon hooks 24 

Spinners 24 

Smeltb, may be taken for food purposes 24 



T. 

Towns may raise money for fish, etc 3 

Trout, close time on 17 

Togue, close time on 17 

Thomas pond, ice flshfng prohibited in, tributaries 

closed 18-20 

Turtle pond, ice fishing prohibited in, tributaries closed 18-2i 
Twin Doughty pond, ice fishing prohibited in, tribu- 
taries closed 18-21 

Transportation of moose and deer, game birds and fish 

without accompanying the same by being tagged 11-24 

Tributaries to certain lakes closed ■ 19-22 

To wnsend brook 19 

Taylor pond 11) 

Tufts and Dutton ponds, tributaries closed 20 

Trawl , use of prohibited 24 

Traps, use of prohibited 24 

Transportation of fish, game and game birds 11-10-14-24 

Tag, to send birds, game and fish 11 

Taxidermists, appointment of 15 

Troutdefined as 

Trout, length of 40 

Tern, protection of 41 

Trial justices, jurisdiction of 30 



V. 

Varnum pond, tributaries closed. 



w. 

Wolves, bounty on 3 

White perch, close time on 17 

Washington county, ice fishing prohibited in certain 

waters 19 

Waters closed at all times 18-19-22 

Washington county, certain waters closed 22 

Webb pond, tributaries closed 20 

Whetstone brook 20 

Wilton pond, tributaries closed 20 

Webb's river 21 

Whitney pond, tributaries closed 21 

Wildcats, bounty on 3 



59 



PAGE 

Weir, use of prohibited 24 

White perch, transportation of 11-24 

White fish, commissioners may grant permission to 

take 25 

Woodcock, close time on 13 

Woodpeckers, protection of 14 

Wardens, appointment and duties 28 

Wardens may serve processes 28 

Wardens may seize game, etc 29 

Wardens may arrest violators of law 29 

Wardens may search camps, etc 29 

Wardens may recover penalties, when and how 29 

Wardens shall report all prosecutions, etc 32 

Winthrop, lakes in 21 

Wayne, lakes in 21 

Wood stream and pond 22 

West outlet Moosehead lake closed 22 

Wild land, camping and kindling fires thereon, etc 6 

Waters, fresh and migratory fishes.. 39 



York countj', fishing prohibited in certain waters in.... 19 

York county, certain waters closed to all fishing at all 
times 22 



LIBRARY OF CONGRESS 



mil mil Hill mil mil III! 1111 111" iniiiiniiiiiiiMn ^ 
002 899 448 5 1 



